A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Criminal facts

At around C13:30, the Defendant found her mother and her child at the seat of the E Park in front of the Suwon-si D apartment complex in Suwon-si, found the victim F (7 years of age), using the gaps in which the victim is walking far away from her mother, made the victim unable to take the victim's hand against her hand, and she forced the victim to commit an indecent act.

Accordingly, the defendant committed an indecent act on the part of the victim who is under 13 years of age.

Summary of Evidence

1. Each legal statement of witness G and H;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of each police statement about H;

1. Stenographic records;

1. Among the police investigation reports, statements referred to in paragraphs (1), (2) and (5) and police investigation reports (the examination of statements, video recording, etc., suspects, and CCTVs for crime prevention);

1. Opinion of a statement analysis expert;

1. Application of the Acts and subordinate statutes governing the photograph of a suspect taken on the spot photograph, the victim's statement video CD, each suspect's photograph, and CCTV for crime prevention;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution (precluding the preceding sentence);

1. Determination as to the assertion by the Defendant and the defense counsel under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 21(2) of the Act on the Protection of Children

1. The summary of the argument is that the Defendant did not call the victim's hand by taking the victim's hand at the time and place stated in the facts of the crime as indicated in the judgment and did not bring the victim into the two arms.

2. Determination

A. According to each of the above evidence, ① the victim’s mother, in the police station, H is walking ahead of H’s children in the E Park at the time of the instant case, and the Defendant, who was seated at the event of the victim following the latter, was the victim’s grandchildren.